European private law after the common frame of reference / edited by Hans-W. Micklitz, Fabrizio Cafaggi.

Format:

Book

Contributor:

Micklitz, Hans-W.

Cafaggi, Fabrizio.

Edward Elgar Publishing.

Language:

English

Subjects (All):

Civil law--Europe--International unification.

Civil law.

Genre:

Electronic books.

Physical Description:

1 online resource (278 p.)

Place of Publication:

Cheltenham, U.K. : Edward Elgar Pub., 2010.

Language Note:

English

Summary:

Aims to give a voice to the dissatisfaction in academic discourse that the DCFR, as it stands in 2009, does not actually represent the condensed available knowledge on the possible future of European private law. This book is suitable for those dealing with conceptual issues of the future of the national and the European private law.

Contents:

Cover; Copyright; Contents; Contributors; Introduction; Chapter 1: Towards a European private law? The Common Frame of Reference in the conflict between EC law and national laws; Chapter 2: The interpretation according to human rights, fundamental freedoms and constitutional law (art. 1:102 DCFR); Chapter 4: The public/private divide in European law; Chapter 5: The Draft Common Frame of Reference: how to improve it?; Chapter 6: The empirical missing links in the Draft Common Frame of Reference

Chapter 7: A spontaneous order for Europe? Why Hayek's libertarianism is not the right way forward for European private lawChapter 8: The authority of an academic 'Draft Common Frame of Reference'; Chapter 9: Legal innovation in European contract law: within and beyond the (Draft) Common Frame of Reference; Fitting the frame: an optional instrument, party choices and mandatory/default rules; Index

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

1-282-89383-1

9786612893834

1-84980-539-3

OCLC:

664571126